Tuesday, June 17, 2014

JUSTICE DENIED: JUDGE PRICE DENIES OUR MOTION FOR A NEW TRIAL

Very disappointing news today from our attorney Robert Boyle. Eight months after our motion hearings concluded, Judge Richard Price denied our motion for a new trial for Shane. In a 50-page decision, the judge evidently rejected the new evidence we put forth, and was satisfied with the DA's total lack of convincing evidence. I received this news via email this afternoon and was stunned. The motion hearings which took place last summer were the result of ten years worth of effort and struggle, on the part of Shane's supporters, family, our investigator Doug Walters, our attorney Robert Boyle, and others.

However, the battle is still not over. I had a conversation moments ago with Robert Boyle, who told me that Shane has 30 days in which to file a Motion to Appeal  Judge Price's outrageous decision. This appeal would be filed in the Appellate Court, 1st Level. What does this mean? It means that a panel of judges would, if the  motion is accepted (only 1 judge would need to vote in favor of the motion) review Judge Price's findings and either affirm his decision, or overturn his decision, in which case Shane would receive a new trial. This is our only possible course of action at this point, and we will take it. Mr. Boyle stated that the most recent exonerations have been the result of this appellate process, in fact, which is encouraging.

I have had several hours to absorb today's news. Although I am still angry and frustrated, I believe that there is still hope for Shane to finally receive justice. Obviously, Shane is the person who is hurting the most throughout this ordeal, and needs our continued prayers and support. I will not give up on him, and I'll not allow today's atrocious ruling to destroy the work we've done for the past ten years.








4 comments:

  1. I cannot believe the ruling. My husband and I have been following this closely. I will keep the faith for the appeal process. Prayers to all!

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  2. Thank you, Sharon. It is very discouraging, but as you say, we have to keep the faith, and not give up. I appreciate your support and prayers very much, as I know Shane does.

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  3. Really sorry to hear this news. I wonder what it would have taken for Judge Richard Price to have ruled in FAVOR of a new trial? Which is really another way of suggesting that perhaps NOTHING would have caused him to reconsider. Since the judge clearly knows that there is an appeals process in place, him doing nothing may not, to him, seem like a big deal. In fact it might (to him) seem prudent: he doesn't make any waves, and the appellate decision for a new trial - should that be the decision - would be handed down by a panel of judges, with no one individual judge taking clear responsibility for the final decision.

    I know it's a lot of "ifs" and "maybes", and I'm no expert when it comes to law, but I'm just trying to find some ray of hope in an otherwise dire and depressing situation.

    Keep on praying . . .

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  4. You may be right, David. The most positive way to look at this is to realize that perhaps a panel of judges would collectively be more objective about the facts of the case. Maybe the odds swing in our favor having more than 1 judge consider the case. We will appeal, of course, and hope for the best.

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